Section 30
Repeal.—The Indian Foreign Marriage Act, 1903 (14 of 1903) , is hereby repealed.
30. Repeal.—The Indian Foreign Marriage Act, 1903 (14 of 1903) , is hereby repealed.
THE FIRST SCHEDULE
(See section 5)
FORM OF NOTICE OF INTENDED MARRIAGE
To
The Marriage Officer
for ...……………….
We hereby give you notice that a marriage under the Foreign Marriage Act, 1969 is intended to be solemnized between us within three months from the date hereof. f.
Name and father
’
s
name
Condition
Occupation
Date of birth
Dwelling
place
Permanent
dwelling place
and present
dwelling place
if not
permanent
Length of
residence in
the present
dwelling
place
A.B. Unmarried
Widower
Divorcee
C.D . Unmarried
Widow
Divorcee
Witness our hands, this ……………… day of ………………….. 19.... ..................................
Sd. A.B.
Sd. C.D.
THE SECOND SCHEDULE
(See section 12)
DECLARATION TO BE MADE BY THE BRIDEGROOM
I, A.B. , hereby declare as follows:—
I am at the present time unmarried (or a widower or a divorcee, as the case may be).
I have completed ……………………… years of age.
I am not related to C.D. (the bride) within the degrees of prohibited relationship.
I am a citizen of ....…………………………
(to be filled up)
I am aware that, if any statement in this declaration is false, I am liable to imprisonment and also to fine.
Sd. A.B. (the bridegroom) .
DECLARATION TO BE MADE BY THE BRIDE
I, C.D. , hereby declare as follows:—
I am at the present time unmarried (or a widower, or a divorcee, as the case may be).
I have completed ....... years of age.
I am not related to A.B. (the bridegroom) within the degrees of prohibited relationship.
I am a citizen of...............................................
(to be filled up)
I am aware that, if any statement in this declaration is false, I am liable to imprisonment and also to fine.
Sd. C.D. (the bride) .
Signed in our presence by the above named A.B. and C.D. So far as we are aware, there is no lawful impediment to the marriage.
Sd. G.H.
Sd. I.J.
Sd. K.L.
Three witnesses.
(Countersigned) E.F.
Marriage Officer
Dated the ……………………....... day of …………………………..... 19…
………………..
THE THIRD SCHEDULE
(See section 14)
FORM OF CERTIFICATE OF MARRIAGE
I, E.F., hereby certify that on the ……………………… day of …………… 19................... A.B. and C.D ………………….*appeared before me and that the declaration required by section…………………………… of the Foreign Marriage Act, 1969, was duly made, and that a marriage under that Act was solemnized between them in my presence and in the presence of three witnesses who have signed hereunder.
Sd. E.F.
Marriage Officer,
Sd. A.B. (bridegroom)
Sd. CD. (bride)
Sd. G.H.
Sd. I.J.
Three witnesses.
Sd. K.L.
Dated the ….…...... ............... day of … ……….. …. 19... .........................
________________________________________________________________________________
* Herein give particulars of the parties.
To be entered.
STATEMENT OF OBJECTS AND REASONS
This Bill seeks to implement the twenty-third Report of the Law Commission on the law relating to foreign marriages. There is, at present, considerable uncertainty as to the law on the subject as the existing legislation touches only the fringes of the subject and the matter is governed by principles of private international law which are by no means well settled, and which cannot readily be applied to a country such as ours in which different marriage laws apply to different communities. The Special Marriage Act, 1954 sought to remove the uncertainty to some extent by providing that marriages abroad between citizens of India who are domiciled in India might be solemnized under it.
In the course of the debates in relation to that Act in Parliament, it was urged that a provision should be made for marriages abroad where one of the parties alone is an Indian citizen. In this context, an assurance was given that Government would, after careful consideration, introduce comprehensive legislation on the subject of foreign marriages. The present Bill is the outcome of that Assurance.